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2023 Supreme(Chh) 143

RADHAKISHAN AGRAWAL
Pragya Tiwari W/o Late Rajjan Tiwari – Appellant
Versus
Jagdish Prasad Tiwari S/o R. P. Tiwari – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Akhilesh Mishra.
For the Respondent: Azad Siddiqui.

JUDGMENT :

RADHAKISHAN AGRAWAL, J.

1. This appeal has been preferred by the claimants under Section 173 of the Motor Vehicles Act, 1988 against the award dated 17.04.2018 passed by the 2nd Additional Motor Accident Claims Tribunal, Raipur, C.G. in Claim Case No. 297/2013 whereby the Tribunal dismissed the claim petition of the claimants filed under Section 163A of the Motor Vehicles Act.

2. For the sake of convenience, hereinafter the parties shall be referred to as per their description before the Tribunal.

3. As per claim petition, on 15.03.2013, at about 3:10 pm, deceased-Rajjan Tiwari, aged about 30 years, earning Rs. 3,200/- per month as electrician, by driving maruti car bearing Registration UP-78U-9579 (hereinafter referred to as ‘offending vehicle’) was going from Raipur to Dondi-Lohara. However, when he reached near Balod Road, village Manhora, he lost control over his vehicle and dashed the offending vehicle against a tree, as a result of which deceased-Rajjan Tiwari sustained grievous injuries on his body and died during treatment. At the time of accident, the said offending vehicle was owned by non-applicant no. 1/respondent no. 1, father of deceased-Rajjan Tiwari and insur

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